Common use of Cost and Maintenance Clause in Contracts

Cost and Maintenance. The cost of maintaining, repairing, and/or replacing the Existing Detention Pond and the Proposed Detention Pond (as applicable), and for constructing the Proposed Detention Pond and Detention Pond Facilities shall be borne by Town; provided, however, in the event unusual or extraordinary maintenance is required to the Existing Detention Pond or Proposed Detention Pond (as the case may be) as a result of runoff or contamination caused by Industrial or the Industrial Property, then Town shall have the right to reimbursement from Industrial. In the event the use of the Industrial Property changes from its use as of the Effective Date of this Agreement such that the Proposed Detention Pond’s capacity cannot accommodate both the Town Property and the Industrial Property, then the cost of increasing the size of the Existing Detention Pond or Proposed Detention Pond (as the case may be) and/or the construction of any such ponds or storm water lines and related improvements shall be borne by Industrial.